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publications 2022

Towards a “cultural commons” approach to international cooperation in the framework of the UNESCO convention on the protection and promotion of the diversity of cultural expressions

This paper presents an opportunity to consider aspects of international cultural cooperation in the realm of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (hereinafter the Convention or Cultural Diversity Convention) adopted in October 2005 and entered into force in 2007. Besides ensuring ‘culture’, its formidable place in international law the adoption of the Convention is heralded as a significant way forward in contribution to the movement of protection and promotion of cultural diversity. This work is divided into three parts. It would be argued that an appropriate understanding of the legal options for international cooperation in the Convention, manifest with commons’ approach is the key for good governance. Part I of the paper deals with the Convention’s normative framework of international cooperation. Part II deals with the prospects for extension or application of the cultural commons approach to the Convention, with a focus on the challenges of globalization to cultural diversity and the need to address cultural diversity as public good. Some concluding observations are presented in Part III of the paper. Two caveats at the outset: It is understood that globalization is contemporaneous and no value based judgments are being offered. The other caveat is: substantive analysis in Part II of the paper is based on some expert commentaries/remarks but not on any economic doctrine.